State ex rel. First National Bank v. District Court of Albany County
Wyoming Supreme Court
Original proceeding for writ of prohibition to restrain further proceedings in the District Court for Albany County under the appointment of a receiver in a proceeding in aid of execution. A demurrer was sustained to the petition. (See State ex rel. Bank v. District Court et al., 12 Wyo., 547.) An amendment to the petition was filed, and a motion by respondents to strike the amendment from the files.
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Original proceeding for writ of prohibition to restrain further proceedings in the District Court for Albany County under the appointment of a receiver in a proceeding in aid of execution. A demurrer was sustained to the petition. (See State ex rel. Bank v. District Court et al., 12 Wyo., 547.) An amendment to the petition was filed, and a motion by respondents to strike the amendment from the files. For further facts, see the opinion which follows, and First National Bank et al. v. Cook, 12 Wyo., 492.
1Opinion of the Court
Potter, Justice.
In this cause a demurrer was sustained to the petition for a writ of prohibition. (12 Wyo., 547; 76 Pac., 680.) The relator has filed an amendment to the petition, and the respondents have filed a motion to strike the amendment from the files. The effect of the amendment is that in argument before the District Court on the application of the relator and others for leave to enforce certain securities against the receiver, and in support of objections to the sale by the receiver of certain cattle on which the relator claimed a lien by mortgage, the point was orally made that the…
2Cases cited1 opinion
- State ex rel. First National Bank of Laramie v. District Court of Albany CountyWyoming Supreme Court · 1904